state-of-mayflower-v-weimerican

Mayflower District Court

#state-of-mayflower-v-weimerican_boz

This is the start of #state-of-mayflower-v-weimerican_boz channel.

shah 2024-09-01 07:13 p.m.

https://trello.com/c/9JO6HscN/36-state-of-mayflower-v-weimericanboz

CASE INFORMATION**

IN THE CLARK COUNTY DISTRICT COURT

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CR-0002-24 State of Mayflower v. Weimerican_Boz,

Trial Type: Misdeameanour

Judge Assigned: Judge Kezzera

Complaint Link: Complaint Link Here

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UPCOMING COURT DATES**

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Labels

Misdemeanor

shah pinned a message to this channel.2025-06-21 08:36 p.m.

shah 2024-09-01 07:17 p.m.

@andysofun

shah 2024-09-01 07:18 p.m.

Please file a notice of appearance(edited)

shah

Please file a notice of appearance(edited)

andysofun 2024-09-01 07:36 p.m.

senior state attorney andysofun appearing on behalf of the state

andysofun 2024-09-01 07:36 p.m.

is that good^

shah 2024-09-01 07:38 p.m.

up to judge : )

Kezzera 2024-09-01 07:40 p.m.

Nothing explicit as to what form the notice must be in and in interest of reducing the amount of paper used in these proceedings I'll accept that as sufficient notice @andysofun (you should correct me if im wrong somehow but i've checked this)

Kezzera 2024-09-01 07:43 p.m.

@shah

For notice to take effect fully you and or I will put a comment on that card indicating the notice in the following form for now:

Notice of Appearance

The clerk confirms that andysofun is permitted to practice in this court and appears for the State of Mayflower

shah 2024-09-01 07:56 p.m.

@morale

Kezzera 2024-09-01 07:56 p.m.

(oversight request)

Kezzera 2024-09-01 08:07 p.m.

@andysofun

Mr andy can you confirm you are in receipt of any info relating to the Defendant such as his attorney

Kezzera 2024-09-01 08:07 p.m.

(or if he has any for that matter)

Kezzera

@andysofun Mr andy can you confirm you are in receipt of any info relating to the Defendant such as his attorney

andysofun 2024-09-01 08:07 p.m.

I don't believe he has an attorney yet

andysofun 2024-09-01 08:07 p.m.

Probably needs to be served

Kezzera 2024-09-01 08:08 p.m.

I need to determine whether we need to proceed with any formal requirement for him to appear or if he can just make first contact with the court here on Discord asap

Kezzera 2024-09-01 08:08 p.m.

Has there been any contact made with him whatsoever

Kezzera 2024-09-01 08:08 p.m.

within the past say, 3 hours?

andysofun 2024-09-01 08:08 p.m.

No your honor

Kezzera 2024-09-01 08:08 p.m.

or whenever this was filed

Kezzera 2024-09-01 08:08 p.m.

Okay

Kezzera 2024-09-01 08:08 p.m.

Can we attempt to contact him if we have his discord

Kezzera 2024-09-01 08:09 p.m.

Idk his so if you're able to fetch the clerk will be happy to get the ball rolling with servicing copies and such directly to the defendant

Kezzera 2024-09-01 08:09 p.m.

@shah

andysofun 2024-09-01 08:09 p.m.

american_hegemony1

Kezzera 2024-09-01 08:09 p.m.

It's the mayor?

Kezzera

It's the mayor?

andysofun 2024-09-01 08:12 p.m.

I guess so

Kezzera 2024-09-01 08:12 p.m.

Alright should be an absolutely easy find then

Kezzera 2024-09-01 08:13 p.m.

thought it'd be finding a needle in a haystack

shah 2024-09-01 08:23 p.m.

I've messaged him asking to voluntarily cooperate

shah 2024-09-01 08:23 p.m.

No response as of yet

Kezzera 2024-09-01 08:24 p.m.

Not sure what time it is for you but how does 3 hours sound

Kezzera 2024-09-01 08:25 p.m.

We're time limited as to the summoning aspect so I cannot delay it for very long

Kezzera 2024-09-01 08:25 p.m.

@andysofun

andysofun 2024-09-01 08:25 p.m.

3 hours is good

andysofun 2024-09-01 08:26 p.m.

I know he's fairly active because he talks quite a bit on discord

Kezzera 2024-09-01 08:26 p.m.

Okay I will give it 3 hours, I may come back earlier and revisit if there's any issue

Kezzera 2024-09-01 08:27 p.m.

Likewise I'll ask the same from you if we need to have the paperwork done sooner @andysofun(edited)

Kezzera 2024-09-01 08:28 p.m.

Pre-set confrontation is usually abrasive and not the best form of justice so

Kezzera 2024-09-01 08:49 p.m.

@andysofun

Clerk gave me a message about the defendant talking in the main server general channel

Kezzera 2024-09-01 08:49 p.m.

after notice was served

Kezzera 2024-09-01 08:49 p.m.

We might need to consider paperwork, I'll check back in about 11 minutes

Kezzera

@andysofun Clerk gave me a message about the defendant talking in the main server general channel

andysofun 2024-09-01 09:04 p.m.

I pinged him with an invite to the discord because he's talking about the case there right now

Kezzera 2024-09-01 09:05 p.m.

He's definitely aware then

Kezzera 2024-09-01 09:06 p.m.

It's a bit weird, just had a spasm with the rules a bit

Kezzera 2024-09-01 09:13 p.m.

@andysofun

interesting situation, talked about it with the clerk and our processes guy

Kezzera 2024-09-01 09:13 p.m.

It's a little vague as to the processes for misdemeanor cases

Kezzera 2024-09-01 09:13 p.m.

a pure one at that

Kezzera 2024-09-01 09:14 p.m.

@andysofun

Are you potentially open to the idea set out in Mayfl. R. Crim. P. 11(2)?(edited)

Kezzera

@andysofun Are you potentially open to the idea set out in Mayfl. R. Crim. P. 11(2)?(edited)

andysofun 2024-09-01 09:17 p.m.

I believe that's in regard to trials

andysofun 2024-09-01 09:17 p.m.

But I think at this time he's neglecting to appear

Kezzera 2024-09-01 09:17 p.m.

I mean i'd broadly interpret it as all proceedings not just explicitly trials

andysofun 2024-09-01 09:18 p.m.

we could probably hold arraignment in absentia until he appears

andysofun

But I think at this time he's neglecting to appear

Kezzera 2024-09-01 09:18 p.m.

Whether this much time is sufficient to declare neglect is a question to deal with later but since he did talk in general for instance, we know he's on and technically he's expected to respond (as soon as he can)(edited)

Kezzera 2024-09-01 09:18 p.m.

No, I'm not fond of that idea

Kezzera 2024-09-01 09:18 p.m.

I'd like it if he was present

Kezzera 2024-09-01 09:18 p.m.

Considering we don't even have a lawyer for him

Kezzera 2024-09-01 09:18 p.m.

or let alone, don't know if wehave PDs available

Kezzera 2024-09-01 09:19 p.m.

There's not adequate representation for the defendant from what I see

Kezzera 2024-09-01 09:24 p.m.

@andysofun

Kezzera 2024-09-01 09:25 p.m.

I'm likely going to issue a summons at this rate

Kezzera

I'm likely going to issue a summons at this rate

andysofun 2024-09-01 09:25 p.m.

If the clerk has sent him a DM to join then isn't he already served

Kezzera 2024-09-01 09:26 p.m.

He has but I'd like to not wait too long

Kezzera 2024-09-01 09:26 p.m.

How long would you give it before you think the court should act

andysofun 2024-09-01 09:28 p.m.

Rule 4 (4) of the rules of criminal procedures say that after 48 hours a not guilty plea is entered

Kezzera 2024-09-01 09:29 p.m.

after summons

Kezzera 2024-09-01 09:29 p.m.

He's been give a voluntary invitation at my direction

Kezzera 2024-09-01 09:29 p.m.

I have technically not given permission for him to be summoned

Kezzera 2024-09-01 09:30 p.m.

which I'm sure includes texts that commands him to appear before the court

Kezzera 2024-09-01 09:30 p.m.

@andysofun

Kezzera

He's been give a voluntary invitation at my direction

andysofun 2024-09-01 09:31 p.m.

I feel that's basically a summons

andysofun 2024-09-01 09:31 p.m.

But I suppose the court could officially summon him to be sure that he knows he has to appear

Kezzera 2024-09-01 09:32 p.m.

well, actually I'm wrong, it can be a simple invitation too (not necessarily use language such as command) but it'd also have to likely include explicit dates and stuff, which I don't think was done - more or so just an ASAP come here kinda thing, clerk can confirm when they're available(edited)

andysofun

But I suppose the court could officially summon him to be sure that he knows he has to appear

Kezzera 2024-09-01 09:33 p.m.

Yes, I was also going to mention

Kezzera 2024-09-01 09:33 p.m.

I'd like to be absolutely clear about that hence invitation was likely given in simple language and more relaxed(edited)

Kezzera 2024-09-01 09:34 p.m.

To be absolutely safe I'd issue a full, written summons

Kezzera 2024-09-01 09:34 p.m.

where it's clear what it is essentially

Kezzera 2024-09-01 09:35 p.m.

I'd like to avoid the discussions about nuances related to what a summons is here, it's not entirely productive and we're already expected to know so

Kezzera 2024-09-01 09:35 p.m.

@andysofun

Kezzera

well, actually I'm wrong, it can be a simple invitation too (not necessarily use language such as command) but it'd also have to likely include explicit dates and stuff, which I do...(edited)

Kezzera 2024-09-01 09:35 p.m.

@shah

for when you're up, confirm the form used in invite(edited)

shah 2024-09-01 09:37 p.m.

andysofun 2024-09-01 09:38 p.m.

Yeah I think the defendant should be served again but more forceful message

Kezzera 2024-09-01 09:38 p.m.

yeah I'd not take that as a summons fully

Kezzera 2024-09-01 09:38 p.m.

Yeah

Kezzera 2024-09-01 09:39 p.m.

Are we confident on probable cause as well

andysofun 2024-09-01 09:39 p.m.

Yes, I'd ask the court to find probable cause in the case based on the affidavit

Kezzera 2024-09-01 09:40 p.m.

I'll have a read again just to be sure

Kezzera 2024-09-01 09:41 p.m.

What on earth is Rule 2(3)? @andysofun

Kezzera 2024-09-01 09:42 p.m.

Does he mean Rule 2(1)(2)?

Kezzera

What on earth is Rule 2(3)? @andysofun

andysofun 2024-09-01 09:44 p.m.

rule 2(3) requires the judge to find probable cause prior to service

andysofun 2024-09-01 09:44 p.m.

Kezzera 2024-09-01 09:47 p.m.

That's Rule 3(3), might've changed somehow(edited)

Kezzera 2024-09-01 09:47 p.m.

I was confused there for a second

Kezzera 2024-09-01 09:47 p.m.

This is what I'm going off of

Kezzera 2024-09-01 09:47 p.m.

https://hackmd.io/ox0M86Z8QCKpJoo1vNesTg#RULE-2---ARREST-AND-SEARCH-WARRANTS

Kezzera 2024-09-01 09:48 p.m.

I'll have that corrected on record, thanks for clarifying at least

Kezzera 2024-09-01 09:48 p.m.

@andysofun

I also find probable cause

Kezzera 2024-09-01 09:48 p.m.

A summons will be prepared and filed here shortly

Kezzera 2024-09-01 11:11 p.m.

@andysofun

https://mfdcc.github.io/mf_orders/090124_CR-0002-24_Summons.html

Kezzera 2024-09-01 11:18 p.m.

He has two accounts

Kezzera 2024-09-01 11:18 p.m.

Wha

Kezzera 2024-09-01 11:42 p.m.

I've messaged the one with the pink pfp on it

Kezzera 2024-09-01 11:46 p.m.

@andysofun

The defendant has arrived

Kezzera 2024-09-01 11:47 p.m.

@Boz

Can you see and send messages here

Boz 2024-09-01 11:48 p.m.

Yes

Kezzera 2024-09-01 11:49 p.m.

Hello

Kezzera 2024-09-01 11:49 p.m.

Thank you for appearing

Kezzera 2024-09-01 11:49 p.m.

Your summons is executed and satisfied etc

Kezzera 2024-09-01 11:50 p.m.

Any previous concerns I had regarding your response to this case will be dropped since you did respond in a reasonable time - your old discord account was the one we made contact and got no info from so apologies made

Kezzera 2024-09-01 11:50 p.m.

Do you have an attorney you intend to represent you for these proceedings

Kezzera 2024-09-01 11:50 p.m.

@Boz

Boz 2024-09-01 11:53 p.m.

I will be representing myself in this case

Kezzera 2024-09-02 12:02 a.m.

Are you aware of the disadvantages that may come from representing yourself?

Boz 2024-09-02 12:04 a.m.

Yes, I understand.

Kezzera 2024-09-02 12:38 a.m.

Sorry for getting back a bit late

Boz 2024-09-02 12:46 a.m.

cant be worse than acerxtro

Kezzera 2024-09-02 12:54 a.m.

I want you to be aware of the following:
- I cannot give you legal advice. This is not my job as a judge.
- You are responsible for formulating your own legal arguments, including matters that are points of law (if permitted to be heard in this court). I cannot give any guidance on that.
- I cannot help you complete or fill out any forms or write anything for you
- I cannot change or simplify the process for you, I must follow the process (if required to do so). I may explain certain parts of the process more simply if it is possible and necessary
- You would seriously benefit from having a lawyer who will be more familiar with the rules and be able to work through them(edited)

Boz

cant be worse than acerxtro

Kezzera 2024-09-02 12:54 a.m.

not sure what this means but i will hope he's not worse than i am

Kezzera

I want you to be aware of the following: - I cannot give you legal advice. This is not my job as a judge. - You are responsible for formulating your own legal arguments, including ...(edited)

Kezzera 2024-09-02 12:54 a.m.

@Boz

Kezzera

@Boz

Boz 2024-09-02 01:05 a.m.

Ill be taking @polyrabies on as council, if you could kindly add him.(edited)

Kezzera 2024-09-02 01:10 a.m.

Great thanks

Kezzera 2024-09-02 01:23 a.m.

@polyrabies

polyrabies 2024-09-02 01:49 a.m.

I'm present.

polyrabies 2024-09-02 01:50 a.m.

for the record, I'm confirming my representation of the Defendant.

Kezzera 2024-09-02 01:52 a.m.

Many thanks for that I'll accept that as notice of your appearance

Kezzera 2024-09-02 01:52 a.m.

and seeming the state attorney is not present I won't get an immediate response

Kezzera 2024-09-02 01:52 a.m.

I'd like to consider arranging arraignment as soon as it is possible - please confirm availability (day and times)

polyrabies 2024-09-02 01:53 a.m.

Will it be done in game or over discord?

Kezzera 2024-09-02 01:54 a.m.

Looking to do in-game but if we must we will do it over Discord

polyrabies 2024-09-02 01:54 a.m.

I'd prefer over discord, I'm available 3 pm - 11 PM AEDT weekdays

Kezzera 2024-09-02 01:55 a.m.

Afterwards it is likely to be in-game, trial is defo most likely to be in-game

Kezzera 2024-09-02 01:55 a.m.

(reactions indicate acknowledgment)

Kezzera

I'd like to consider arranging arraignment as soon as it is possible - please confirm availability (day and times)

Kezzera 2024-09-02 02:06 a.m.

@andysofun

(for when you're up)

Kezzera

@andysofun (for when you're up)

andysofun 2024-09-02 09:29 a.m.

Basically anytime today as long as I get advance notice

andysofun 2024-09-02 09:33 a.m.

and for tomorrow I'm busy 8am-7 pm est

Kezzera 2024-09-02 12:19 p.m.

We do have some seriously different timezones

Kezzera 2024-09-02 12:21 p.m.

@andysofun

You would have to be available at 1am, etc. if we were to proceed in-game today for instance(edited)

Kezzera 2024-09-02 12:22 p.m.

Otherwise we will consider async in Discord for arraignment owing to time constraints, please confirm preferences then I will set a time

Kezzera 2024-09-02 12:29 p.m.

@andysofun

@polyrabies

Kezzera 2024-09-02 01:39 p.m.

I also confirm that the chief justice has been very kind to us

Kezzera 2024-09-02 01:40 p.m.

He's allowed us to use the Lander courthouse until the Mersea courthouse can be guaranteed more security(edited)

Kezzera 2024-09-02 01:40 p.m.

So if we were to proceed in-game we would do it there, etc.

Kezzera 2024-09-02 01:40 p.m.

and Lander will be the venue going forward, for this case at least(edited)

Kezzera

@andysofun You would have to be available at 1am, etc. if we were to proceed in-game today for instance(edited)

andysofun 2024-09-02 03:02 p.m.

I have school so can't do it

Kezzera 2024-09-02 03:21 p.m.

wonderful.

Kezzera 2024-09-02 03:25 p.m.

I'll arraign asynchronously then

Kezzera 2024-09-02 03:59 p.m.

@andysofun

@polyrabies

In an asynchronous arraignment I will set a deadline instead of a particular time to be present.

The venue is: state-of-mayflower-v-weimerican_boz
The deadline I have set is: Wednesday, September 4, 2024 at 6:59 p.m. . I am willing to extend by another day if necessary.

I will direct that @Boz will officially confirm their identity to the court by responding to this message

OR

Direct that @polyrabies confirms the identity of the defendant and @Boz agrees to such confirmation. I will consider this to have the same effect as above.

THEN

I will ask that by the deadline the defendant gives his plea @Boz . Mr. Boz you should discuss this with your attorney @polyrabies before you decide what to plead.

I will ask that you give a plea to each charges separately. This means that if you intend to plead guilty on the first charge, it will only be for the first charge and not the whole set of charges in your information. You need to tell me your plea for the second charge, etc.

Please respond:
1. How do you plead to the first count of Evasion, contrary to 1 MSC § 1307?
2. How do you plead to the second count of Hit and Run, contrary to 1 MSC § 3204?
3. How do you plead to the third count of Reckless Driving, contrary to 2 MSC § 1212?
4. How do you plead to the fourth count of Excessive Speeding, contrary to 2 MSC § 1215?

No further matters are considered at this time. If rule permit, you may submit motions however they won't be dealt with immediately unless required.

Kezzera

@andysofun

@polyrabies In an asynchronous arraignment I will set a deadline instead of a particular time to be present. The venue is: state-of-mayflower-v-weimerican_boz ...

polyrabies 2024-09-03 02:00 a.m.

As Counsel for Weimerican_Boz Roblox ID:2369072726 I hereby confirm his identify as Roblox User:Weimerican_Boz, Roblox ID:2369072726 .

On the first count of Evasion, contrary to 1 MSC § 1307. We plead not guilty

On the second count of Hit and Run, contrary to 1 MSC § 3204. We plead not guilty.

On the third count of Reckless Driving, contrary to 2 MSC § 1212. We plead not guilty.

On the fourth count of Excessive Speeding contrary to 2 MSC § 1215. We plead not guilty.

polyrabies

As Counsel for Weimerican_Boz Roblox ID:2369072726 I hereby confirm his identify as Roblox User:Weimerican_Boz, Roblox ID:2369072726 . On the first count of Evasion, contrary to 1...

Kezzera 2024-09-03 12:48 p.m.

@Boz

Your confirmation will be sufficient for these

Kezzera 2024-09-03 12:49 p.m.

I do need to hear word from you

polyrabies

As Counsel for Weimerican_Boz Roblox ID:2369072726 I hereby confirm his identify as Roblox User:Weimerican_Boz, Roblox ID:2369072726 . On the first count of Evasion, contrary to 1...

Boz 2024-09-03 05:41 p.m.

I confirm these statements from my council

Kezzera 2024-09-03 06:00 p.m.

Thank you

Kezzera 2024-09-03 09:46 p.m.

@polyrabies

@andysofun

@Boz

Good morning/afternoon/evening

I have recognised that the defendant has pleaded NOT GUILTY to all counts 1-4. We will proceed with the pre-trial proceedings.

We will begin with:
- Motions for Discovery and Disclosures, etc.; and
- Pre-trial motions (where permitted).

We will also consider the possibility of scheduling a pre-trial hearing to hear probable cause on all the evidence intended to be used by the state (if it is necessary, this will be determined based on what evidence will be used)(edited)

Kezzera 2024-09-03 09:52 p.m.

I would like to remind the state that you must to the best of your ability and in good honest faith disclose any and all evidence that you intend to present in support of the state's case including those that may harm it (I remind both about the Brady decision).

Kezzera 2024-09-03 09:53 p.m.

This is a continuing obligation up until trial.

Kezzera 2024-09-03 09:54 p.m.

For the hearing, I am unlikely to make any exceptions and may require this to be in-game as I would need the defendant present. Where this proves to be a burden on everyone in this case I will seek to make adjustments that is permitted under the rules.

Kezzera 2024-09-04 07:25 p.m.

@andysofun

@polyrabies

Can I get an idea as to when you both will begin the paperwork for discovery, etc. and any intentions to file motions and what you may intend to file within the next few days

polyrabies 2024-09-04 07:26 p.m.

Well I'm waiting to receive brady material.

polyrabies 2024-09-04 07:26 p.m.

Once I've received the brady material I will be able to proceed with motions.

polyrabies 2024-09-04 07:27 p.m.

I'm also respectfully asking the court imposes a timelimit for the State to handover all brady material to allow the defense to review the legally priviledged material in a timely manner. @Kezzera

polyrabies

Once I've received the brady material I will be able to proceed with motions.

Kezzera 2024-09-04 07:27 p.m.

Many thanks

polyrabies

I'm also respectfully asking the court imposes a timelimit for the State to handover all brady material to allow the defense to review the legally priviledged material in a timely ...

Kezzera 2024-09-04 07:30 p.m.

Please put it in writing with the reasons if applicable (I won't suggest to you what reasons to put, trust you are fully capable to produce this)

Kezzera 2024-09-04 07:31 p.m.

(and if it's written, state must respond)

Kezzera 2024-09-04 11:36 p.m.

FYI If you believe the writing is inappropriate and instead feel just stating your reasons here (I will consider it as oral reasons) would be enough to warrant a response from the state then I will allow it provided the reasons are short. You would still need to provide all the requisite and appropriate material to support your request if necessary.

polyrabies 2024-09-04 11:39 p.m.

I think its best if the defense gives the state more time

Kezzera 2024-09-04 11:39 p.m.

As to the form, both the state and defendant have discretion as to how they may present the motion (in general most motions will be formatted this way):
- in writing, the case reference should distinguish the parties involved (here, state v. weimerican_boz) in full on a separate area of the written motion, followed with the case information including the judge. The title of the motion should start with "Motion" followed by the relief sought. The body should be composed of either discernible indentation for when a paragraph starts and ends, or a numbered paragraph. You must sign these written motions and serve the requisite copies as appropriate (or whatever the rules dictate).
- if oral, please instead provide the TITLE of your motion: start with "Motion" then press ctrl+enter twice, then follow with bullet point paragraphs or numbered paragraphs. You do not need to sign this.

Kezzera 2024-09-04 11:40 p.m.

oh that was quick

polyrabies

I think its best if the defense gives the state more time

Kezzera 2024-09-04 11:40 p.m.

I don't get what you are stating here(edited)

Kezzera 2024-09-04 11:40 p.m.

You want to give the state more time to collect evidence?

Kezzera 2024-09-04 11:41 p.m.

Are you assuming the state does not have evidence ready for their case or?

polyrabies 2024-09-04 11:41 p.m.

No, since there's no official deadline for brady to be turned. I dont believe its appropriate to file a motion for you to review to compell them to release it. I believe the state is reasonable enough to provide the brady within a timely manner as it was already directed to them to provide it.

Kezzera 2024-09-04 11:42 p.m.

That's completely fair and reasonable

Kezzera 2024-09-04 11:42 p.m.

It will be up to you to decide whether to take action on that if you suspect unreasonable delay (or whoever)

Kezzera 2024-09-04 11:42 p.m.

and thus file to the court the appropriate requests at a later time

Kezzera 2024-09-04 11:42 p.m.

I see no reason to compel the state to hand over anything immediately given we are within time

Kezzera 2024-09-04 11:43 p.m.

It is after all I think the third day of proceedings

Kezzera 2024-09-04 11:43 p.m.

Anything else, state and defendants are more than welcome to dump here and we can all discuss it(edited)

Kezzera 2024-09-04 11:44 p.m.

also bless betty white @polyrabies

polyrabies 2024-09-04 11:44 p.m.

I agree

Kezzera

@andysofun

@polyrabies Can I get an idea as to when you both will begin the paperwork for discovery, etc. and any intentions to file motions and what you may ...

andysofun 2024-09-05 09:33 p.m.

I can likely file discovery this weekend

Kezzera 2024-09-05 09:37 p.m.

That should be fine, I will expect it either on Friday, Saturday or Sunday then @andysofun

Kezzera 2024-09-06 02:12 p.m.

@andysofun

For your convenience I will set the time to be 11:59PM UTC-7 sunday as the final, expected time. This isn't a hard deadline but it may make your case much more difficult if you do not file by then - if you weren't able to by that time please explain why in simple terms. Happy weekend to all

Boz 2024-09-06 04:45 p.m.

Boz 2024-09-06 04:46 p.m.

Happy weekend

andysofun 2024-09-07 10:29 a.m.

Submitted @polyrabies

@Kezzera

Kezzera 2024-09-07 11:27 a.m.

@andysofun

Please post it in filing-center for the clerk's convenience

Kezzera

@andysofun Please post it in filing-center for the clerk's convenience

andysofun 2024-09-07 02:31 p.m.

done

andysofun

Submitted @polyrabies

@Kezzera

polyrabies 2024-09-07 06:20 p.m.

Greatly appreciated.

Kezzera 2024-09-07 08:46 p.m.

@polyrabies

@andysofun

Thank you for the discovery

Kezzera 2024-09-07 08:46 p.m.

I will take it then that what you attached on the affidavit from earlier as to be the state's only evidence

Kezzera 2024-09-07 08:47 p.m.

I'll get back to this in a bit

polyrabies 2024-09-07 08:47 p.m.

Can you remind the defense of the pre trial period length

Kezzera 2024-09-07 08:48 p.m.

(Sorry, in addition, the two witnesses) and yes one second

Kezzera 2024-09-07 08:53 p.m.

We are on the 5th day of pre-trial proceedings and we can engage at most 10 days before we must consider any extensions

Kezzera 2024-09-07 08:53 p.m.

@polyrabies

Kezzera 2024-09-07 08:54 p.m.

(I'm counting off on the UTC-7 timeline)

polyrabies 2024-09-07 08:54 p.m.

Okay thanks

Kezzera 2024-09-07 08:55 p.m.

I'll consider getting a probable cause hearing scheduled as soon as possible, I'll come up with something to make it work

Kezzera 2024-09-07 08:55 p.m.

@polyrabies

@andysofun

Kezzera 2024-09-07 09:55 p.m.

@polyrabies

@andysofun

Please provide me your availability for this upcoming week so I can get a better idea of when to schedule it

Kezzera 2024-09-07 09:56 p.m.

I'm not likely able to consider Discord for this nor for actual trials

polyrabies 2024-09-07 10:21 p.m.

3 PM - 10 PM AEDT Monday - sunday

Kezzera

I'll consider getting a probable cause hearing scheduled as soon as possible, I'll come up with something to make it work

andysofun 2024-09-08 11:59 a.m.

The state doesn’t believe a probable cause hearing is necessary

andysofun 2024-09-08 11:59 a.m.

As the affidavit submitted already establishes probable cause

Kezzera 2024-09-08 07:01 p.m.

I raised it because you named two witnesses

Kezzera 2024-09-08 07:01 p.m.

to which I need something from them confirming their accounts

Kezzera 2024-09-08 07:01 p.m.

a statement at minimum

Kezzera 2024-09-08 07:01 p.m.

@andysofun

Kezzera 2024-09-08 08:04 p.m.

@polyrabies

@andysofun

Speaking of which, are you guys intending to waive the probable cause hearing?

andysofun 2024-09-08 08:09 p.m.

I’d like to waive it if the defense is fine with it

Kezzera

to which I need something from them confirming their accounts

andysofun 2024-09-08 08:09 p.m.

A probable cause affidavit can rely on hearsay

andysofun

A probable cause affidavit can rely on hearsay

Kezzera 2024-09-08 08:13 p.m.

I don't have their accounts

polyrabies 2024-09-09 06:00 a.m.

@Kezzera

respectfully submitted your honor, wont let me file it through the bot though

Kezzera 2024-09-09 02:21 p.m.

No worries will file

andysofun

A probable cause affidavit can rely on hearsay

Kezzera 2024-09-09 02:22 p.m.

Yes but I don't have statements from the witnesses you listed, so I need to get something from them

Kezzera 2024-09-09 02:22 p.m.

Some positive identification that these are lay witnesses, etc.(edited)

Kezzera 2024-09-09 02:23 p.m.

Likewise defendant would cross examine them too at such a stage

Kezzera 2024-09-09 02:25 p.m.

@polyrabies

I'd like to consider the MTD at the hearing if possible

Kezzera 2024-09-09 02:25 p.m.

@andysofun

You will likely need to respond to it

Kezzera 2024-09-09 02:25 p.m.

@polyrabies

In the mean time - is the defendant intending to waive the preliminary hearing or no?

Kezzera 2024-09-09 02:26 p.m.

The state claims no need for it but I don't see any reason to entertain that

Kezzera

@polyrabies In the mean time - is the defendant intending to waive the preliminary hearing or no?

polyrabies 2024-09-09 05:39 p.m.

Kezzera 2024-09-09 06:31 p.m.

Alright

Kezzera 2024-09-09 06:32 p.m.

@andysofun

I'll require you to provide me a time as soon as it is possible

Kezzera 2024-09-10 01:27 a.m.

Where circumstances are particularly difficult for us to be present in either Mersea or Lander we will do it here, however I need reasons. If we do it here it will be asynchronous or synchronous and I will outline how we'll proceed with the preliminary hearing.(edited)

Kezzera 2024-09-10 01:27 a.m.

The preliminary hearing will be primarily to
- establish probable cause, and
- hold a discussion on the MTD filed

Kezzera 2024-09-10 01:30 a.m.

We cannot consider Discord arrangements for the actual trial. That's very unlikely.(edited)

Kezzera

@andysofun I'll require you to provide me a time as soon as it is possible

andysofun 2024-09-10 11:01 a.m.

I’m available after 6 during weekdays

andysofun 2024-09-10 11:01 a.m.

And on the weekend I’m very available as long as I get advanced notice

Kezzera

@polyrabies I'd like to consider the MTD at the hearing if possible

andysofun 2024-09-10 11:02 a.m.

I’d like to make a verbal response to the motion at the probable cause hearing

andysofun

I’m available after 6 during weekdays

Kezzera 2024-09-10 01:03 p.m.

Thanks

andysofun

I’d like to make a verbal response to the motion at the probable cause hearing

Kezzera 2024-09-10 01:15 p.m.

Are you sure

andysofun 2024-09-10 03:36 p.m.

Yeah I think a verbal response is all that's needed

andysofun 2024-09-10 03:36 p.m.

my response to the motion is really simple

Kezzera 2024-09-10 07:32 p.m.

Fine, but make sure you disclose your response entirely

Kezzera 2024-09-10 07:33 p.m.

and if the defense is there, obviously

Kezzera 2024-09-11 10:21 a.m.

@andysofun

@polyrabies

Your availabilites are not compatible

Kezzera 2024-09-11 10:21 a.m.

with eachother

Kezzera 2024-09-11 10:22 a.m.

So it's either that you both agree to a time, or otherwise agree to someother arrangement like Discord

Kezzera 2024-09-11 10:22 a.m.

I cannot allow that for trials, but I am open to probable cause here if we have to

Kezzera 2024-09-11 10:22 a.m.

I will need Weimerican to be fully aware if it is done here

Kezzera 2024-09-11 10:22 a.m.

and it will be async if on Discord

Kezzera 2024-09-11 10:23 a.m.

My availability is on the website + basically any hour needed

Kezzera 2024-09-11 10:24 a.m.

I would like to have this sorted as soon as possible now, we're running out of time

Kezzera 2024-09-11 10:24 a.m.

The deadline forpre-trial is the 12th

Kezzera 2024-09-11 10:24 a.m.

If we have to extend, it needs to be moved

Kezzera 2024-09-11 10:25 a.m.

and I won't delay by much more than a few days, it'll get into risky territory with speedy etc.

Kezzera 2024-09-11 10:25 a.m.

(if we need more than a few days, I need good reasons - availability is not at all one)

polyrabies 2024-09-11 10:48 p.m.

discord please

Boz 2024-09-11 10:50 p.m.

Kezzera 2024-09-12 01:31 p.m.

might just go with that at this rate...

Kezzera 2024-09-12 01:32 p.m.

alright, info in a bit

Kezzera 2024-09-13 01:17 a.m.

@Boz

@polyrabies

@andysofun

I will consider then a preliminary hearing to be held asynchronously, in such a case I will set a deadline for this to happen.

Before we do this, we must consider a short extension. In appreciation of these proceedings taking a rather slow time, I will invite either to request such an extension and to the length of it under the rules of this court (District Court rules).

If an extension is agreed, I anticipate a deadline two days from the moment it is extended, and the deadline will not exceed the agreed extension period. This is negotiable depending on what arrangement we agree to.

I propose the following process for the asynchronous approach:

The preliminary hearing will receive submissions from the state to show whether there is enough evidence for the case to go to trial -- as to the witnesses, the state may request the presence of the defendants in this channel to give their accounts. The physical evidence is in the court's filings so we will be able to review it without any delay. The defendants have an opportunity to cross-examine and I will permit them to provide questions and answers over a period of time. Where this is inefficient or otherwise could cause prejudice, I will consider the option of examining written, certified statements instead although there may be potential risks to that approach. The defendants are also free to present material etc. in support of their defence likewise.

I make a decision after all of this has been done to decide whether there is enough to proceed to trial. If there is, I will schedule a trial and this cannot be accommodated with Discord appearances. If I find there isn't, I will discharge the defendant from these proceedings.(edited)

Kezzera 2024-09-13 01:18 a.m.

I expect a response either agreeing to the proposal in full, or rejection with any potential issues raised - you are welcome to suggest a better approach.

Kezzera 2024-09-13 01:18 a.m.

In a normal case we would be doing this in-game with little to no issue.

Kezzera 2024-09-13 01:19 a.m.

Today is the last day we can make such arrangements before this case exceeds its pretrial time allowance, so I expect a response urgently.

polyrabies 2024-09-13 03:30 a.m.

I do agree with the proposals

Kezzera 2024-09-13 04:47 p.m.

Someone needs to request an extension otherwise we're in breach of the rules

Kezzera

I expect a response either agreeing to the proposal in full, or rejection with any potential issues raised - you are welcome to suggest a better approach.

andysofun 2024-09-13 07:50 p.m.

I still maintain that we don’t need a preliminary hearing

andysofun 2024-09-13 07:50 p.m.

No state law, court rule, or provision of the constitution entitles the defense to one

andysofun 2024-09-13 07:51 p.m.

And I’m unaware of any court precedent holding that a defendant has the right to a preliminary hearing

Kezzera 2024-09-13 09:25 p.m.

I have determined there should be one, it's under Rule 7

Kezzera 2024-09-13 09:25 p.m.

and it's on the basis of your two lay witnesses

Kezzera 2024-09-13 09:26 p.m.

I will not accept this to be challenged further, we're approaching the pre-trial deadline

Kezzera 2024-09-13 10:31 p.m.

I'll have to enter a sua sponte order

Kezzera 2024-09-14 03:28 a.m.

https://mfdcc.github.io/mf_orders/091424_CR-0002-24_OrderMisc.html

Kezzera 2024-09-14 03:28 a.m.

@andysofun

@polyrabies

@Boz

Kezzera 2024-09-14 03:29 a.m.

I have consulted on this issue with some justices and believe this is the best approach to take.

Kezzera 2024-09-14 03:29 a.m.

I have extended this by 3 days

polyrabies 2024-09-14 03:29 a.m.

your honor when do you believe you'll be able to rule on the MTD?

Kezzera 2024-09-14 03:29 a.m.

I have ordered the State to make a response to the MTD by the 17th

Kezzera 2024-09-14 03:29 a.m.

if I cannot get a response by then, I will enter a decision as soon as the deadline lapses

polyrabies 2024-09-14 03:30 a.m.

Okay.

Kezzera 2024-09-14 03:30 a.m.

The response from the State was delayed due to my fault

Kezzera 2024-09-14 03:30 a.m.

so I am now correcting everything

Kezzera 2024-09-14 03:30 a.m.

I have provided more time for you to prepare everything, please feel free to move things along if you wish

Kezzera 2024-09-14 03:30 a.m.

otherwise I have set deadlines within that order

polyrabies 2024-09-14 03:31 a.m.

understood and acknowledged

Kezzera 2024-09-14 03:31 a.m.

Sincerest apologies for the slow progress

andysofun 2024-09-14 11:11 a.m.

I'm available for the hearing preliminary hearing whenever this weekend @Kezzera

andysofun 2024-09-14 11:11 a.m.

and I'll submit a written response soon to the motion

andysofun 2024-09-14 11:13 a.m.

except sunday im busy 1-5

andysofun 2024-09-14 11:13 a.m.

pm est

andysofun 2024-09-14 11:31 a.m.

submitted @Kezzera

@polyrabies

andysofun

submitted @Kezzera

@polyrabies

Kezzera 2024-09-14 05:06 p.m.

Thank you

Kezzera

@Boz

@polyrabies

@andysofun I will consider then a preliminary hearing to be held asynchronously, in such a case I will set a deadline for t...(edited)

Kezzera 2024-09-16 12:30 a.m.

We will proceed with this method then. @andysofun

@polyrabies

@Boz

Kezzera 2024-09-16 12:31 a.m.

I will set the deadline at September 17, 2024 at 6:59 a.m. to begin proceedings and conclude (if more time is needed, I will just extend it accordingly at this rate). @andysofun I will for convenience add the witnesses you have mentioned here.(edited)

Kezzera 2024-09-16 12:34 a.m.

I will submit notice to the witnesses in simple form so that they're aware of this case and I will consider this as sufficient - a written order will be entered for the record as well and the witnesses will get a copy(edited)

Kezzera 2024-09-16 12:35 a.m.

@billy

@Matt

billy 2024-09-16 12:37 a.m.

billy 2024-09-16 12:38 a.m.

present

billy

Click to see attachment.

Kezzera 2024-09-16 12:38 a.m.

Thank you Mr Billy

Kezzera 2024-09-16 01:01 a.m.

https://mfdcc.github.io/mf_orders/091624_CR-0002-24_OrderMisc%20(Subpoena).html

Matt 2024-09-16 07:01 a.m.

Present

andysofun 2024-09-16 11:05 a.m.

@Kezzera

I’ll be questioning parkrangerbilly first

Kezzera 2024-09-16 03:51 p.m.

I'll allow that @andysofun Submit your questions

polyrabies 2024-09-17 01:54 a.m.

@Kezzera

can you please rule on the MTD

Kezzera 2024-09-17 03:34 a.m.

yes, im getting to it

andysofun

@Kezzera I’ll be questioning parkrangerbilly first

Kezzera 2024-09-17 03:35 a.m.

@andysofun

Please submit your questions in bulk to Billy

@billy

I'll ask you respond to all questions in full

@polyrabies

You are permitted to cross-examine when possible, in bulk questions if possible

andysofun

@Kezzera I’ll be questioning parkrangerbilly first

billy 2024-09-17 03:39 a.m.

andysofun 2024-09-18 08:23 p.m.

Will send questions once I can access a computer

andysofun 2024-09-19 05:10 p.m.

1. What is your username?
2. Watch this video https://cdn.discordapp.com/attachments/591423301679841300/1279538251027189800/Roblox_2024-08-31_12-23-26_-_Trim.mp4?ex=66eddadb&is=66ec895b&hm=0b7b6486678d622dd5e19d79896e8ed2175609701c45a46da5ebe479a2ee4f44&
3. On the 31st of August, 2024, were you driving down the freeway toward Mersea?
4. While driving, did you see Weimerican_Boz pass you?
5. What was their manner of driving?
6. How fast were they going?
7. What was the speed limit?
8. Did they almost hit anyone?
9. When you saw Weimerican_Boz driving in a dangerous manner, did you attempt to pull them over?
10. Did you turn on your lights and sirens in your attempt to stop them?
11. Did they stop for your lights and sirens?
12. Did you continue to persue them down the freeway?
13. Did they ever collide with your car?
14. Did they stop after colliding with your car?
("they" referring to Weimerican_Boz)

andysofun 2024-09-19 05:10 p.m.

@billy

Boz 2024-09-19 10:58 p.m.

https://tenor.com/view/cow-cow-milk-milk-gif-22745903

billy 2024-09-20 11:51 p.m.

ParkRangerBilly

billy 2024-09-20 11:51 p.m.

Yes

billy 2024-09-20 11:53 p.m.

Yes

billy 2024-09-20 11:53 p.m.

Yes

billy 2024-09-20 11:54 p.m.

5. Reckless and erratic

billy 2024-09-20 11:55 p.m.

6. Cant say for certian how fast he was going as I didnt clock him, but if I werer to speculate roughly the top speed of the evora

billy 2024-09-20 11:55 p.m.

Which is 105 MPH

billy 2024-09-20 11:56 p.m.

7. The speed limit for that stretch of the freeway is 70mph

billy 2024-09-20 11:57 p.m.

8, they didnt hit anyone directly, but they desynced one CCSO deputy

billy 2024-09-20 11:57 p.m.

9, yes

billy 2024-09-20 11:57 p.m.

10, Yes

billy 2024-09-20 11:59 p.m.

11, No, they did not

billy 2024-09-21 12:00 a.m.

12. Yes

billy 2024-09-21 12:00 a.m.

13. No

billy 2024-09-21 12:01 a.m.

14. There wasnt a collision with thier car, only a failed pit on my end

billy 2024-09-21 02:55 p.m.

polyrabies 2024-09-21 06:52 p.m.

@Kezzera

we object to question 6 due to speculation

polyrabies 2024-09-21 06:53 p.m.

the witnesses response specifically is whats being objected to

polyrabies 2024-09-21 06:53 p.m.

and I kindly ask the court to allow the defense to proceed with our cross examination

billy 2024-09-21 11:30 p.m.

andysofun 2024-09-22 10:34 a.m.

a witness is able to visually tell the speed of the car

billy

14. There wasnt a collision with thier car, only a failed pit on my end

andysofun 2024-09-22 10:35 a.m.

After your failed pit, did they stop or continue driving?

billy

Click to see attachment.

Boz 2024-09-22 12:09 p.m.

Sigma

polyrabies

and I kindly ask the court to allow the defense to proceed with our cross examination

Kezzera 2024-09-22 01:02 p.m.

Sustained. Question is too speculative and/or too vague.

@andysofun

I will ask for either an amendment to 6 with clarity made or it is dropped.(edited)

andysofun

After your failed pit, did they stop or continue driving?

billy 2024-09-22 02:05 p.m.

They didn’t stop

Boz

Sigma

billy 2024-09-22 02:05 p.m.

polyrabies 2024-09-22 05:58 p.m.

What is going on? The prosecution has already asked their questions and are continuing to ask more @Kezzera I ask that any questions and answers which were exchanged outside of the initial questions be stricken from the record

polyrabies

What is going on? The prosecution has already asked their questions and are continuing to ask more @Kezzera I ask that any questions and answers which were exchanged o...

Kezzera 2024-09-22 06:17 p.m.

If it isn't in relation to question 6 then it's not an issue

Kezzera

If it isn't in relation to question 6 then it's not an issue

polyrabies 2024-09-22 06:27 p.m.

your honor it is, you already told them to ask their questions, and they submitted 14 questions 3 days ago. now they're asking more there needs to be some deadline, this trial has been going on forever if there arent proper deadlines or timelimits imposed it will burden the defences ability to actively be attentive to this case as it is taking up our personal time

polyrabies 2024-09-22 06:31 p.m.

I just dont believe it

polyrabies 2024-09-22 06:32 p.m.

it's neccessary for the prosecution to be able to continously ask questions, there needs to be a timelimit imposed

polyrabies

your honor it is, you already told them to ask their questions, and they submitted 14 questions 3 days ago. now they're asking more there needs to be some deadline, this trial has ...

Kezzera 2024-09-23 02:47 p.m.

Are you raising speedy concerns here

Kezzera 2024-09-23 02:48 p.m.

It would've been done in one go if everyone has agreed to an in-game hearing

Kezzera 2024-09-23 02:48 p.m.

But this is what we're going with because of the time constraints

Kezzera 2024-09-23 02:48 p.m.

I knew this was going to be an issue

Kezzera 2024-09-23 02:55 p.m.

@andysofun

I will ask that you promptly finish the questions, including follow-ups

Kezzera 2024-09-23 02:55 p.m.

The defendant must have its opportunity to cross-examine

Kezzera 2024-09-23 02:55 p.m.

We haven't even got to the second

Kezzera 2024-09-23 02:55 p.m.

and we're extremely late at this rate

Kezzera 2024-09-23 02:56 p.m.

I will no longer allow async arrangements for these kinds of hearings again either, it clearly isn't working

Kezzera 2024-09-23 02:56 p.m.

I will expect a response by 8PM PDT, otherwise I'm setting a hard deadline(edited)

Kezzera 2024-09-23 02:57 p.m.

and I will let the defendant do cross-exams

Kezzera 2024-09-23 02:58 p.m.

I would like to speed this up now, the concerns are understandable

Deverus 2024-09-23 07:45 p.m.

Chief State Attorney DeverusLazvari appearing for the State to supplement @andysofun.

cc: @polyrabies

@Boz

billy

They didn’t stop

Deverus 2024-09-23 07:48 p.m.

To follow up on question 6;

Can you say for certain that the Defendant's speed, based on the evidence provided, was in excess of 100MPH during your pursuit of him?

To follow up on question 14;

Would you really not say that your pit maneuver, granted it failed, which drug your car on its side for several yard and sent you off of the road and nearly into a tree was not a collision of your two vehicles?

Deverus

Chief State Attorney DeverusLazvari appearing for the State to supplement @andysofun. cc: @polyrabies

@Boz

Boz 2024-09-23 07:52 p.m.

Sup

Deverus 2024-09-23 08:02 p.m.

sup

polyrabies 2024-09-23 08:18 p.m.

@Kezzera

we are still objecting to question 6, speculation the witness cannot possibly know what speed a vehicle was going without the use of a radar or other vetted technology

polyrabies

@Kezzera we are still objecting to question 6, speculation the witness cannot possibly know what speed a vehicle was going without the use of a radar or other vetted t...

Deverus 2024-09-23 08:19 p.m.

A witness can pace a vehicle and determine relative speed based on their own.

Deverus

A witness can pace a vehicle and determine relative speed based on their own.

polyrabies 2024-09-23 08:19 p.m.

yeah they're speculating the speed..

polyrabies 2024-09-23 08:19 p.m.

The judge already ruled that it was speculation, you're asking the same question in a different way..

billy 2024-09-23 08:20 p.m.

For answer number #6 I misspoke I said that the LEO evora was “105” and I meant to say it was “115” but to get to your question, with my VAST and EXTENSIVE knowledge in Roblox law enforcement, I can say with certain that the defendant was going faster than 100 mph, due to my CVE MSP modern crusader matching the same speed as the defendant

Deverus 2024-09-23 08:20 p.m.

It is not speculation to say that a vehicle was in excess of a speed based on the pacing of their vehicle, if said vehicle is not able to close the distance without exceeding a given speed.

polyrabies 2024-09-23 08:21 p.m.

You're not the judge let him rule on it

polyrabies 2024-09-23 08:21 p.m.

and the witness shouldn't proceed with his answer when a objection is put forward

billy 2024-09-23 08:23 p.m.

14, hey I’m pretty low iq and have chronic brain rot can you rephrase your question… thanks

billy 2024-09-23 08:23 p.m.

@Deverus

billy 2024-09-23 08:24 p.m.

Nvm I understand it now

billy 2024-09-23 08:26 p.m.

Yeah I’d say it failed, my goal with the pit was for his car to be immobilized, not my own, but…

billy 2024-09-23 08:28 p.m.

… With Roblox’s game mechanics and how desyncing works, there would only be a direct collision on my screen and not on the defendant's screen

polyrabies 2024-09-23 08:29 p.m.

@Kezzera

we're objecting to the witnesses response to question 14 as to "Yeah I’d say it failed, my goal with the pit was for his car to be immobilized, not my own, but…" on the basis of Relevance

Deverus 2024-09-23 08:38 p.m.

We're retracting question 14.

A few more questions for you @billy

15.) Did the Defendant have his lights or sirens active at the time of the incident?

16.) Were you even aware that the defendant was an officer of the law prior to him being stopped at Mersea?

polyrabies 2024-09-23 08:39 p.m.

Okay as the state has retracted question 14 I request the honorable court strikes the witnesses response from the record

Deverus

We're retracting question 14. A few more questions for you @billy 15.) Did the Defendant have his lights or sirens active at the time of the incident? 16.) Were ...

billy 2024-09-23 08:40 p.m.

15 no

billy 2024-09-23 08:40 p.m.

16, no

Deverus 2024-09-23 08:45 p.m.

So, the Defendant was driving in an erratic and reckless manner, violating the clearly established speed limit without the use of lights or sirens to indicate that the Defendant was responding to an emergency or conducting official duties. And when you, as well as a sheriff's deputy, tried to initiate a traffic stop using lights and sirens, as any officer would, he fled for almost a minute until you and the sheriff's deputy finally stopped him in Mersea. Is that correct? @billy

polyrabies 2024-09-23 08:50 p.m.

@Kezzera

I’m objecting to the last question by the prosecution as it is a compound question and combines multiple assertions

Deverus 2024-09-23 08:52 p.m.

Combines multiple assertions that the witness has already made through his testimony. It's a summary, in layman's terms.

polyrabies 2024-09-23 08:57 p.m.

Still a compound question

polyrabies 2024-09-23 08:58 p.m.

If the witness has already made these assertions no need to cumulatively summarise them and bolster the witness therefore I’m also objecting on the grounds of cumulative questioning

Kezzera 2024-09-23 09:05 p.m.

My Internet took a shit sorry

polyrabies

@Kezzera we are still objecting to question 6, speculation the witness cannot possibly know what speed a vehicle was going without the use of a radar or other vetted t...

Kezzera 2024-09-23 09:08 p.m.

It is possible to say a vehicle can go at a certain speed if another matches it. I did ask either to clarify or be struck off

polyrabies

Okay as the state has retracted question 14 I request the honorable court strikes the witnesses response from the record

Kezzera 2024-09-23 09:08 p.m.

Q14 response is disregarded upon withdrawal. Confirmed(edited)

polyrabies

If the witness has already made these assertions no need to cumulatively summarise them and bolster the witness therefore I’m also objecting on the grounds of cumulative questionin...

Kezzera 2024-09-23 09:10 p.m.

Sustained.

polyrabies 2024-09-23 09:10 p.m.

I also would like to raise an issue with the court this witness hasn’t been sworn in so I’d request they are prior to me cross examining them

Kezzera

It is possible to say a vehicle can go at a certain speed if another matches it. I did ask either to clarify or be struck off

Deverus 2024-09-23 09:11 p.m.

I assume this implies the objection is overruled.

Kezzera 2024-09-23 09:11 p.m.

Yes

Deverus 2024-09-23 09:11 p.m.

Great. The State has no further questions.

polyrabies

I also would like to raise an issue with the court this witness hasn’t been sworn in so I’d request they are prior to me cross examining them

Kezzera 2024-09-23 09:12 p.m.

I thought I did

Kezzera 2024-09-23 09:12 p.m.

aigu

Kezzera 2024-09-23 09:12 p.m.

whats going on with me anymore

polyrabies 2024-09-23 09:13 p.m.

As it stands I cannot find any record of him being sworn in

polyrabies 2024-09-23 09:13 p.m.

Within this chat unless he was sworn in in game?

Kezzera 2024-09-23 09:13 p.m.

No, nothing was done in-game and if it was there'd be a record

polyrabies 2024-09-23 09:15 p.m.

Alright as the prosecutions finished there questioning may I begin my cross examination and may the witness be sworn in

Kezzera 2024-09-23 09:32 p.m.

I have confirmed that it wasn't the case

Kezzera 2024-09-23 09:32 p.m.

I will do that then

Kezzera 2024-09-23 09:32 p.m.

(getting some help with coordinating that very soon as well yippee)

Kezzera 2024-09-23 09:33 p.m.

@billy

@Matt

Good morning/afternoon/evening the prosecution has concluded their questions.

billy 2024-09-23 09:33 p.m.

Awesome

Kezzera 2024-09-23 09:35 p.m.

I will ask you to take an oath herein and recognise that you have made your responses under the same

Kezzera 2024-09-23 09:36 p.m.

(as you were meant to be and many assumed was the case)(edited)

Kezzera

@andysofun Please submit your questions in bulk to Billy @billy I'll ask you respond to all questions in full @polyrabies You are permitted to ...

Deverus 2024-09-23 09:39 p.m.

Just for clarification, we were only directed to perform a direct examination on Billy.

Deverus 2024-09-23 09:39 p.m.

We have not finished our questions with Mattcern, though I will assume we will do so once the defense is finished cross-examining Billy.

Kezzera 2024-09-23 09:41 p.m.

Yes

Matt 2024-09-23 09:41 p.m.

Kezzera 2024-09-23 09:41 p.m.

Hi matt

Matt 2024-09-23 09:41 p.m.

Please DM me when you need me to answer questions, I might not see pings in here.

Kezzera 2024-09-23 09:42 p.m.

(reaction = endorsed)

Matt 2024-09-23 09:42 p.m.

thx.

Kezzera 2024-09-23 09:42 p.m.

nws

Kezzera 2024-09-23 09:47 p.m.

@billy

If you wish to

swear (if you are religious or practice some form of religion) say "I do and swear by it" to the following:
Do you solemnly swear that you will tell the truth, the whole truth, and nothing but the truth so help you God?;

affirm (if you are not religious) say "I do affirm" to the following:
Do you solmenly affirm that you will tell the truth, the whole truth, and nothing but the truth?(edited)

Kezzera 2024-09-23 09:47 p.m.

@polyrabies

thank you for that mention

Kezzera 2024-09-23 09:47 p.m.

After response, cross-exam begins

Kezzera 2024-09-23 09:48 p.m.

I will respond to objections more promptly herein pending my own proceedings

polyrabies 2024-09-23 10:37 p.m.

Ignore that

polyrabies 2024-09-23 10:37 p.m.

Sent wrong chat

Kezzera 2024-09-24 01:27 a.m.

I'll delete it

Kezzera 2024-09-24 01:27 a.m.

There

Kezzera

@billy If you wish to swear (if you are religious or practice some form of religion) say "I do and swear by it" to the following: Do you solemnly swear that you wil...(edited)

Kezzera 2024-09-24 12:29 p.m.

@billy

You have to do this thanks

billy 2024-09-24 12:32 p.m.

Oh sorry I went to bed

Kezzera

@billy If you wish to swear (if you are religious or practice some form of religion) say "I do and swear by it" to the following: Do you solemnly swear that you wil...(edited)

billy 2024-09-24 12:34 p.m.

I do and swear by it

billy 2024-09-24 12:35 p.m.

I do affirm

billy

Oh sorry I went to bed

Kezzera 2024-09-24 02:27 p.m.

Nws ty for reply:3

billy

I do affirm

Kezzera 2024-09-24 02:27 p.m.

You double swore

Kezzera 2024-09-24 02:27 p.m.

Bold

Kezzera 2024-09-24 02:27 p.m.

@polyrabies

Proceed with cross-exam

polyrabies 2024-09-24 06:44 p.m.

Question 1. Is it true that you're routinely issued Speed detecting devices which allow you to detect the speed of vehicles which are in motion?

@billy

polyrabies 2024-09-24 06:46 p.m.

Question 2. On the 31st of August did you utilise any speed tracking technology while "pursuing" my client Weimerican_Boz?

polyrabies 2024-09-24 06:49 p.m.

Question 3. On August the 31st 2024, did you ever issue any directives through official law enforcement channels for my Client Weimerican_Boz to make him aware of any sort of "pursuit" that related to him?

polyrabies 2024-09-24 06:56 p.m.

Question 4. To the best of your knowledge on the 31st of August 2024 was my Client Weimerican_Boz actively representing the Lander City Police Department and wearing Lander City Police Department with markings representing the department?

polyrabies 2024-09-24 06:57 p.m.

Question 5. To the best of your knowledge, on the 31st of August 2024 was my client Weimerican_Boz operating a Unmarked Police Cruiser which is issued with Emergency Lighting Systems?

polyrabies 2024-09-24 06:57 p.m.

That's all I have for questions in relation to witness ParkRangerBilly.

polyrabies 2024-09-24 07:00 p.m.

The defense requests @Boz the state handles over any interviews between the States witness Mattcern and any officials representing the Department of Justice and the Mayflower Bureau of Investigations. We also request any communications between the State Attorneys Office and Witness Mattcern pertaining to his testimony and involvement as a witness within this case. Pursuant to brady

polyrabies 2024-09-24 07:00 p.m.

Oops wrong ping

polyrabies 2024-09-24 07:00 p.m.

@Deverus

polyrabies 2024-09-24 07:00 p.m.

hands*

polyrabies

The defense requests @Boz the state handles over any interviews between the States witness Mattcern and any officials representing the Department of Justice and t...

Kezzera 2024-09-24 08:09 p.m.

I'll wait on state's response

Deverus 2024-09-25 12:01 a.m.

If you want it in an official filing I can provide it in such a format.

Deverus 2024-09-25 12:02 a.m.

However, the State did not contact or interview Mattcern as a witness outside of requesting for him to testify.

@Kezzera

@polyrabies

polyrabies 2024-09-25 12:04 a.m.

Appreciated.

Deverus 2024-09-25 12:17 a.m.

Additionally, your honour, I've just been made aware that this is, in fact, a PC hearing and not trial.

That being said- the State has no interest in delaying the conclusion of this PC hearing beyond the asinine amount of time it has already taken. As such, the state will not be calling @Matt to the stand to testify for the establishment of probable cause in this case.

@Kezzera

Kezzera 2024-09-25 12:20 a.m.

Hi, was just abotu to go to bed

Kezzera 2024-09-25 12:20 a.m.

about*

Deverus

Additionally, your honour, I've just been made aware that this is, in fact, a PC hearing and not trial. That being said- the State has no interest in delaying the conclusion of th...

Kezzera 2024-09-25 12:20 a.m.

I thought this WAS made clear

Kezzera 2024-09-25 12:21 a.m.

but I assume that you have a lot on your plate

Kezzera 2024-09-25 12:21 a.m.

Thank you for making your intentions clear

Deverus

If you want it in an official filing I can provide it in such a format.

Kezzera 2024-09-25 12:22 a.m.

I don't think I'll require it, I believe defense highly appreciates your prompt responses

Deverus 2024-09-25 12:23 a.m.

You'll have to accept my apologies on the matter, I jumped in once I caught notice that my State Attorney's availability was limited, and such limitations were hampering the advancement of this case.

Kezzera 2024-09-25 12:23 a.m.

No that's fine I really appreciate it!

Deverus 2024-09-25 12:23 a.m.

I have been assured that State Attorney @andysofun will be taking point at trial.

Kezzera 2024-09-25 12:23 a.m.

Okay, very good to know

polyrabies 2024-09-25 12:23 a.m.

Your honor, the defense would also like to remind you about the MTD which was submitted which is pending ruling.

Kezzera 2024-09-25 12:24 a.m.

If I address the remaining outstanding issues, and see the cross-exam finished then I will determine trial and schedule it (or dismiss it)

Kezzera 2024-09-25 12:24 a.m.

Yes, I have finished writing it I just haven't published

polyrabies 2024-09-25 12:24 a.m.

Okay.

Kezzera 2024-09-25 12:24 a.m.

My apologies for that

polyrabies 2024-09-25 12:24 a.m.

It's okay.

Kezzera 2024-09-25 12:24 a.m.

I will make some additional orders at the conclusion of proceedings to remedy for our significant delays, I understand defendant would have great speedy concerns too

Kezzera 2024-09-25 12:26 a.m.

Gentlemen I hope to have these proceedings finished soon, I will expect Mr Billy to finish his responses and since the State will not require matt to testify at this stage, I will consider that we conclude the questioning upon @polyrabies 's declaring no further questions

polyrabies

Question 1. Is it true that you're routinely issued Speed detecting devices which allow you to detect the speed of vehicles which are in motion? @billy

billy 2024-09-25 03:45 a.m.

Yes, at the time, I had a hand-held LIDAR, but while my vehicle is in motion, I am unable to detect speeds of passing cars

polyrabies

Question 2. On the 31st of August did you utilise any speed tracking technology while "pursuing" my client Weimerican_Boz?

billy 2024-09-25 03:46 a.m.

No, I am physically unable to

polyrabies

Question 4. To the best of your knowledge on the 31st of August 2024 was my Client Weimerican_Boz actively representing the Lander City Police Department and wearing Lander City Po...

billy 2024-09-25 03:53 a.m.

After deputy mattcern and I stopped your client, we discovered we was a on-duty LCPD detective whom, was driving a LCPD issued unmarked evora with civilian plates,

polyrabies

Question 5. To the best of your knowledge, on the 31st of August 2024 was my client Weimerican_Boz operating a Unmarked Police Cruiser which is issued with Emergency Lighting Syste...

billy 2024-09-25 03:54 a.m.

At no point and time did I see any emergency lighting activated or sirens activated

billy

At no point and time did I see any emergency lighting activated or sirens activated

polyrabies 2024-09-25 04:01 a.m.

Thank you for your response, but I would like to focus on the specific question I asked. Can you please answer that directly

billy 2024-09-25 04:03 a.m.

Sorry misread

billy 2024-09-25 04:04 a.m.

No I did not, until we fully stopped his vehicle

polyrabies 2024-09-25 04:06 a.m.

So is it a yes or no?

billy

After deputy mattcern and I stopped your client, we discovered we was a on-duty LCPD detective whom, was driving a LCPD issued unmarked evora with civilian plates,

polyrabies 2024-09-25 04:12 a.m.

@Kezzera

I request the images attached by the witness are stricken from the record.

billy 2024-09-25 04:26 a.m.

No, during the pursuit, I did not know that the vehicle was operated by your client and I did not know it was a unmarked police cruiser

polyrabies 2024-09-25 04:32 a.m.

Alright thank you. I have no further questions.

polyrabies 2024-09-25 04:33 a.m.

I also ask you answer question 3. as you're yet to respond to it. @billy

polyrabies

I also ask you answer question 3. as you're yet to respond to it. @billy

billy 2024-09-25 04:47 a.m.

Like previously stated, I did not know the suspect was a police officer.

So answer your question. No I did not attempt to use the radio to communicate to your Client

Deverus 2024-09-25 11:31 p.m.

@Kezzera

Your honor,

Considering the questioning is concluded, when can we expect a decision on the preliminary hearing/MTD?

I'm due to be headed to Fort Sill here at 3AM CST, so my time is rather limited and I'd like to be around and able to respond in a timely manner to any other relevant issues.

Kezzera 2024-09-26 01:50 a.m.

Questions are concluded, so I will make a decision very soon here

Kezzera 2024-09-26 01:50 a.m.

preferably tomorrow sometime, it's late now

polyrabies 2024-09-26 01:55 a.m.

https://docs.google.com/file/d/1v2g1p21Frms5k6d4JGIIUGMdaIJREFv2uP4INXzls4g/edit?usp=sharing

CR-0002-24 | State of Mayflower v Weimerican_Boz | Motion To Dismiss

polyrabies 2024-09-26 01:56 a.m.

(this is a additional MTD no relation to the one already filed

polyrabies 2024-09-26 02:00 a.m.

if this can be filed onto trello, it'd be appreciated

Kezzera 2024-09-26 02:20 a.m.

I cannot accept anymore filings

Kezzera 2024-09-26 02:20 a.m.

We've exceeded time at this rate

Kezzera 2024-09-26 02:20 a.m.

I will however address the duration this case took either after trial or this hearing (if I find it necessary to drop the charges)

polyrabies 2024-09-26 02:24 a.m.

Your honor, we are still within the pre trial stage

polyrabies 2024-09-26 02:24 a.m.

i do believe its neccessary for the defense to be granted the opportunity to file our motions

Kezzera 2024-09-26 02:24 a.m.

We've exceeded 20 days, it should have ended

Kezzera 2024-09-26 02:24 a.m.

For me to consider this would require the state to respond

polyrabies 2024-09-26 02:24 a.m.

But it hasn't your honor,

Kezzera 2024-09-26 02:25 a.m.

and this would delay the process further

Kezzera 2024-09-26 02:25 a.m.

No, please can we consider that for appeal potentially

Kezzera 2024-09-26 02:26 a.m.

In light of how long this took I'm going to indicate really broad discretion

Kezzera 2024-09-26 02:26 a.m.

and likely grant leave to appeal

Kezzera 2024-09-26 02:26 a.m.

I really cannot consider this motion at all at this stage

polyrabies 2024-09-26 02:27 a.m.

Your honor, my client is granted his right to an speedy trial. I believe upholding that right outweighs any further delays.

polyrabies 2024-09-26 02:27 a.m.

However

polyrabies 2024-09-26 02:27 a.m.

if it is still your decision to proceed without reviewing it, thats fine

polyrabies 2024-09-26 02:27 a.m.

And we respect your decision.

Kezzera 2024-09-26 02:27 a.m.

I understand but considering this would subject your client to more delays, I'm trying to hurry this along the best I can

polyrabies 2024-09-26 02:28 a.m.

Can we atleast be provided with an estimate

Kezzera 2024-09-26 02:28 a.m.

as I have indicated, I will likely grant leave at my discretion and I will outline clear reasons why I depart from the standard process to do that

polyrabies 2024-09-26 02:28 a.m.

as to how long it would take for this case to reach conclusion

Kezzera 2024-09-26 02:28 a.m.

By tomorrow

polyrabies 2024-09-26 02:28 a.m.

assuming we go forward with trial

Kezzera 2024-09-26 02:28 a.m.

I will schedule trial within the coming days, which I expect the State to be there

Kezzera 2024-09-26 02:28 a.m.

Yes, if it does

Kezzera 2024-09-26 02:28 a.m.

and if it doesnt, then you'll know

Kezzera 2024-09-26 02:28 a.m.

and then this is shut

polyrabies 2024-09-26 02:29 a.m.

Alright thank you

Kezzera 2024-09-26 02:29 a.m.

I do apologise

Deverus 2024-09-26 05:59 a.m.

This is official notice that I am now on my way to the illustrious hell hole that is Fort Sill.

I’ll still be able to reply, but expect some degree of delay, as I’ll actively be taking part in Training Exercises.

I’ll be back in full on this coming Sunday.

Deverus 2024-09-26 05:59 a.m.

If my response is significantly delayed, it can be assumed that I’ve bashed my head into the nearest sharp corner.

Kezzera 2024-09-26 02:50 p.m.

I pray for your safe return to civilian life. Thank you for your service @Deverus

Deverus 2024-09-29 06:01 p.m.

@Kezzera

This is official notice to the court that, as of this morning, I have returned and am back in the full swing of things.

Kezzera 2024-09-29 07:06 p.m.

Thank you State @Deverus I understand andy is still intending to appear please confirm or if this is not the case, confirm substitution

Kezzera 2024-09-29 07:06 p.m.

And welcome back in one piece and safe return

Kezzera

Thank you State @Deverus I understand andy is still intending to appear please confirm or if this is not the case, confirm substitution

Deverus 2024-09-30 11:07 a.m.

Andy is intending to appear for the trial, yes.

andysofun 2024-10-05 09:05 p.m.

@Kezzera

any estimate when a ruling will be out, your honor

Kezzera 2024-10-06 01:35 a.m.

hi, i've made an indication on what i intend to do in the comments of the case card

Kezzera 2024-10-06 01:35 a.m.

you will find it there

Kezzera 2024-10-06 01:35 a.m.

if it somehow got deleted (god forbid it does), dm me directly and ill post it here

Deverus 2024-10-10 01:47 p.m.

Still not seeing any official rulings published to-date. Any timetable on the movement of this and the subsequent scheduling of trial? @Kezzera

Deverus

Still not seeing any official rulings published to-date. Any timetable on the movement of this and the subsequent scheduling of trial? @Kezzera

polyrabies 2024-10-11 05:50 p.m.

check the trello.

polyrabies 2024-10-11 05:50 p.m.

he provided an update relating to the course of this case.

polyrabies 2024-10-11 05:50 p.m.

Specifically, the case card.

Kezzera 2024-10-18 06:26 a.m.

Good morning

Kezzera 2024-10-18 06:26 a.m.

I was held in some hold by the Switchback people for some overdose thing(edited)

Kezzera 2024-10-18 06:26 a.m.

I was released

Kezzera 2024-10-18 06:26 a.m.

and have been given leave to engage in my work again - I will update you all on what the judge says

Kezzera 2024-10-18 06:27 a.m.

I have released the decision today @polyrabies

@Deverus

@andysofun

Kezzera 2024-10-18 06:27 a.m.

and further issued an order to set trial

Kezzera 2024-10-18 06:27 a.m.

PC determined, ordered SA and us to now consider Mr. Boz officially charged on information to enable us with trial

Kezzera 2024-10-18 06:28 a.m.

I will issue further orders towards the end of the trial (such as the discretionary leave)

Kezzera 2024-10-18 06:28 a.m.

and this is sua sponte

Kezzera 2024-10-18 06:28 a.m.

(sorry folks)

Kezzera 2024-10-18 06:49 a.m.

https://mfdcc.github.io/mf_orders_pdf-temp/181024_CR-0002-24_OrderMTD.pdf

Kezzera 2024-10-18 06:49 a.m.

https://mfdcc.github.io/mf_orders_pdf-temp/181024_CR-0002-24_OrderMisc.pdf

Kezzera 2024-10-18 06:51 a.m.

cc @polyrabies

@Deverus

@andysofun

Kezzera 2024-10-18 06:58 a.m.

I will message you three + boz to find potential dates for trial

Kezzera 2024-10-18 06:58 a.m.

I am using a website to coordinate this, helps me

Kezzera 2024-10-18 04:29 p.m.

@polyrabies

@Deverus

@andysofun

I will set the deadline to provide your availability for trial no later than Tuesday, October 22, 2024 at 6:59 p.m.(edited)

Kezzera 2024-10-18 04:30 p.m.

If a party fails to provide their availability, I will set the trial to whatever time is preferred strongest by those who submitted their availability. If no one submitted it then I will set it for the earliest possible time I can book it in and require your attendance.

andysofun 2024-10-18 09:07 p.m.

I’ve put in my availability

andysofun 2024-10-18 09:07 p.m.

I’ll check with my witnesses too

Kezzera 2024-10-19 05:36 a.m.

oh crap, silly me i forgot them too

Kezzera 2024-10-19 05:36 a.m.

do you want me to make user/pass for them too? @andysofun

polyrabies 2024-10-19 06:51 a.m.

availability has been put in

Kezzera 2024-10-19 07:34 a.m.

Thank you both and I have corrected a slight error with the MOO using the supra citation incorrectly

Kezzera 2024-10-19 07:34 a.m.

this has now been amended and should read McNeely, at PAGENO. referencing from Brigham, at PAGENO.

Kezzera

do you want me to make user/pass for them too? @andysofun

andysofun 2024-10-19 08:57 a.m.

I can just ask them

andysofun 2024-10-19 08:58 a.m.

@Kezzera

perhaps today at 10:00 pm est could be when we have trial

andysofun 2024-10-19 08:58 a.m.

Everyone out they’re available at that time and right now I’m waiting for a response from my witnesses

andysofun 2024-10-19 09:09 a.m.

put they’re available*

Kezzera 2024-10-19 10:17 a.m.

I will check

andysofun

@Kezzera perhaps today at 10:00 pm est could be when we have trial

andysofun 2024-10-19 12:02 p.m.

@polyrabies

@Boz

Kezzera

I will check

andysofun 2024-10-19 12:02 p.m.

at least one of my witnesses is available

andysofun 2024-10-19 12:02 p.m.

waiting on the other's response

andysofun 2024-10-19 08:44 p.m.

@Kezzera

@polyrabies

@Boz

are we doing it tonight

Boz 2024-10-19 08:45 p.m.

https://gyazo.com/0043d41b1cab68341fed6122cc9d1a09

Gyazo

andysofun 2024-10-19 08:48 p.m.

I know one of my witnesses for sure can and the other I'm fairly confident can as well.

polyrabies 2024-10-19 09:03 p.m.

No we aren’t available

polyrabies

No we aren’t available

andysofun 2024-10-19 09:10 p.m.

then when are you available

andysofun 2024-10-19 09:12 p.m.

I can do it even later if needed

andysofun 2024-10-19 09:13 p.m.

I'd prefer to get this done tonight and that's in the interest of justice

andysofun 2024-10-19 09:13 p.m.

and in your interests as well I'm sure considering the defense was complaining of an unspeedy trial

polyrabies 2024-10-19 09:19 p.m.

I made my availability clear

polyrabies 2024-10-19 09:19 p.m.

In the website

polyrabies

I made my availability clear

andysofun 2024-10-19 09:19 p.m.

I'm talking about my tonight

andysofun 2024-10-19 09:19 p.m.

so in one hour

polyrabies 2024-10-19 09:20 p.m.

Yeah we can but I won’t be able to get in game

andysofun 2024-10-19 09:20 p.m.

discord is fine with me then

andysofun 2024-10-19 09:20 p.m.

@Kezzera

polyrabies 2024-10-19 09:20 p.m.

Sure

polyrabies

Yeah we can but I won’t be able to get in game

andysofun 2024-10-19 09:20 p.m.

can you get in game later or not at all

polyrabies 2024-10-19 09:22 p.m.

After 3 pm aedt I can

polyrabies

After 3 pm aedt I can

andysofun 2024-10-19 09:22 p.m.

I think discord would be best for the state then

andysofun 2024-10-19 09:23 p.m.

I'll let me witnesses know

polyrabies 2024-10-19 09:28 p.m.

Just to clarify this will be a continuous trial right assuming it’s done over discord? Will we be given a set time period to provide our arguments

polyrabies 2024-10-19 09:29 p.m.

@Kezzera

andysofun 2024-10-19 09:29 p.m.

If we could all just be in this channel at one time then that'd be great

Kezzera 2024-10-19 09:29 p.m.

I'm afraid I cannot accommodate Discord

Kezzera 2024-10-19 09:30 p.m.

The only time I'll consider it if there's absolute technical limitations

polyrabies 2024-10-19 09:30 p.m.

Is Clark playable on phone

andysofun 2024-10-19 09:30 p.m.

I don't really feel like staying up at midnight to do this trial

Kezzera 2024-10-19 09:30 p.m.

Do you not have a computer?

andysofun 2024-10-19 09:30 p.m.

I guess I can do this half asleep if absolutely needed

Kezzera 2024-10-19 09:30 p.m.

I'll double check on the times most available

andysofun 2024-10-19 09:30 p.m.

I don't know if my witnesses can though

Kezzera

Do you not have a computer?

polyrabies 2024-10-19 09:31 p.m.

I have a computer I’m just not home most hours so I’m usually on phone

Kezzera 2024-10-19 09:34 p.m.

02:43-04:30 AM Oct 20 Sat, 10-11PM Oct 26 Sat, 02:00-03:15 AM Oct 27 Sun, 09:00PM-10:00PM Nov 2 Sat, 02:15-03:00 PM Nov 3 Sun(edited)

Kezzera 2024-10-19 09:34 p.m.

I mean it says you're both available in the next 11 minutes or so

Kezzera 2024-10-19 09:35 p.m.

This is what you both indicated and I've made it clear in my order as to the Discord arrangement

polyrabies

I have a computer I’m just not home most hours so I’m usually on phone

Kezzera 2024-10-19 09:35 p.m.

When will you be available on computer

andysofun

I guess I can do this half asleep if absolutely needed

Kezzera 2024-10-19 09:35 p.m.

I would not advise that

Kezzera

02:43-04:30 AM Oct 20 Sat, 10-11PM Oct 26 Sat, 02:00-03:15 AM Oct 27 Sun, 09:00PM-10:00PM Nov 2 Sat, 02:15-03:00 PM Nov 3 Sun(edited)

Kezzera 2024-10-19 09:36 p.m.

@polyrabies

@andysofun

These are the available times

Kezzera 2024-10-19 09:36 p.m.

so far

Kezzera 2024-10-19 09:37 p.m.

11 or so minutes seems very short notic

Kezzera 2024-10-19 09:37 p.m.

and I would like this done in-game, it gets everyones attention if it were the case

andysofun 2024-10-19 09:38 p.m.

Your honor, I believe discord would also work

andysofun 2024-10-19 09:38 p.m.

I understand doing the trial in game but everyone can be present in a discord channel as well

Kezzera 2024-10-19 09:38 p.m.

Doing it remotely over Discord was a very long process last time

Kezzera 2024-10-19 09:39 p.m.

and I do not see that there's any technical limitations from either, just that Polyrabies goes on the computer most of the time

Kezzera 2024-10-19 09:39 p.m.

although if one of the times selected enables him to, he can be here

Kezzera 2024-10-19 09:39 p.m.

If this is not achievable then I will allow for a Discord trial

Kezzera 2024-10-19 09:39 p.m.

but everyone must be present, I am not making it asynchronous

Kezzera 2024-10-19 09:39 p.m.

It's been notoriously slow to do it asynchronously

andysofun 2024-10-19 09:39 p.m.

Perhaps we could both agree to be present

polyrabies 2024-10-19 09:40 p.m.

Discord would make this way easier

Kezzera 2024-10-19 09:40 p.m.

That won't be necessary if I schedule trial and compel your presence

Kezzera 2024-10-19 09:40 p.m.

but in an effort to accommodate everyone, I will allow it - only on the times as selected unless you both agree to another time that works

andysofun 2024-10-19 09:41 p.m.

Would in 20 minutes work?

Kezzera 2024-10-19 09:41 p.m.

It's very short notice

polyrabies 2024-10-19 09:41 p.m.

I will need time to prepare and confer with my client 20 mins is to short

Kezzera 2024-10-19 09:41 p.m.

I agree

andysofun 2024-10-19 09:41 p.m.

Maybe 50 minutes then?

Kezzera 2024-10-19 09:42 p.m.

@polyrabies

I will let you confer with andy as to the time, you have about two hours

Kezzera 2024-10-19 09:42 p.m.

before I will just schedule it for the 26th on the earliest agreed time

Kezzera 2024-10-19 09:42 p.m.

on Discord

Kezzera 2024-10-19 09:42 p.m.

That will be the next available date from today

andysofun

Maybe 50 minutes then?

andysofun 2024-10-19 09:43 p.m.

@polyrabies

andysofun

Maybe 50 minutes then?

polyrabies 2024-10-19 09:44 p.m.

Okay if we do it in 50 mins

polyrabies 2024-10-19 09:44 p.m.

do u think u'll be available in an hour or two"

polyrabies 2024-10-19 09:44 p.m.

when are u going to sleep?

polyrabies 2024-10-19 09:44 p.m.

I assume its late as ur american

polyrabies

do u think u'll be available in an hour or two"

andysofun 2024-10-19 09:44 p.m.

Yes

Kezzera 2024-10-19 09:45 p.m.

Will we have the witnesses available

polyrabies 2024-10-19 09:45 p.m.

Just to confirm, @Kezzera if we were to do this in 50 mins how long do you expect the proceeding to take

polyrabies 2024-10-19 09:45 p.m.

are we gonna get through the whole trial?

Kezzera 2024-10-19 09:45 p.m.

I'm limiting it to an hour for today, if its not done by then, it will be continuing from the 26th where we can continue with a clearer mind

Kezzera 2024-10-19 09:46 p.m.

It's also nearly 3am and I am extremely tired and I don't want to feel irritated

polyrabies 2024-10-19 09:46 p.m.

I think the 26th would be better

Kezzera 2024-10-19 09:46 p.m.

@andysofun

Response

andysofun 2024-10-19 09:46 p.m.

I'd prefer to do it today

andysofun 2024-10-19 09:46 p.m.

The defense has demanded a speedy trial and I believe it's of utmost importance to get this case disposed of this week

polyrabies 2024-10-19 09:47 p.m.

i believe it's in the best interest of both parties to schedule this for the 26th, the judge has already indicated hes tired

Kezzera 2024-10-19 09:47 p.m.

I don't mind, I'm just letting you all know on my end

andysofun 2024-10-19 09:47 p.m.

The judge doesn't mind so we're fine

Kezzera 2024-10-19 09:48 p.m.

If I somehow crash and fall asleep anticipate your rulings after I wake up with a wall of apologies

polyrabies 2024-10-19 09:48 p.m.

The defense would like to do this on the 26th at a time where we're all available

Kezzera 2024-10-19 09:48 p.m.

Is the defendant not available?

andysofun 2024-10-19 09:48 p.m.

The defense has already said they're available on discord

polyrabies 2024-10-19 09:48 p.m.

Yeah, not in game

Kezzera 2024-10-19 09:48 p.m.

I don't mind over on Discord

Kezzera 2024-10-19 09:48 p.m.

I'll allow it

polyrabies 2024-10-19 09:48 p.m.

Okay we can do it now then

andysofun 2024-10-19 09:49 p.m.

Perhaps we do it in 10 minutes so i can let my witnesses know

Kezzera 2024-10-19 09:49 p.m.

I will require the defendant to be present and tuned in, and I will need confirmation the witnesses will be available to answer questions etc

Kezzera 2024-10-19 09:49 p.m.

Yes

Kezzera 2024-10-19 09:49 p.m.

I will give 20 minutes for the benefit of the doubt

Kezzera 2024-10-19 09:49 p.m.

is that okay with everyone

andysofun 2024-10-19 09:49 p.m.

yes your honor

Kezzera 2024-10-19 09:49 p.m.

@polyrabies

polyrabies 2024-10-19 09:50 p.m.

my client has indicated

polyrabies 2024-10-19 09:50 p.m.

hes busy

polyrabies 2024-10-19 09:50 p.m.

he cannot be attentive

polyrabies 2024-10-19 09:50 p.m.

right now

Kezzera 2024-10-19 09:50 p.m.

-slams head on table continously-

Kezzera 2024-10-19 09:50 p.m.

Why is he busy

andysofun 2024-10-19 09:50 p.m.

You'll be arguing for him

Kezzera

Why is he busy

Boz 2024-10-19 09:50 p.m.

Warthunder

andysofun 2024-10-19 09:50 p.m.

Boz

Warthunder

Kezzera 2024-10-19 09:50 p.m.

...

Kezzera 2024-10-19 09:50 p.m.

polyrabies 2024-10-19 09:51 p.m.

it is not volunteerly done

polyrabies

it is not volunteerly done

Boz 2024-10-19 09:51 p.m.

Kezzera 2024-10-19 09:51 p.m.

I've ordered it an information so I will at minimum need you to confirm, and I don't care as to when this is declared, now would be preferable:
- are you still proceeding not guilty on all four; and
- you're just "voluntarily disappearing"(edited)

Kezzera 2024-10-19 09:52 p.m.

I cannot hold back this trial on its neck because you decide not to appear

Kezzera 2024-10-19 09:52 p.m.

I'm sorry

Kezzera 2024-10-19 09:52 p.m.

I either require you to be here and at least saying the word present to let me know you acknowledge the trial

polyrabies 2024-10-19 09:52 p.m.

My client is currently playing a outside game due to an irl obligation he may not be able to respond

Kezzera 2024-10-19 09:53 p.m.

It is NOT a good enough excuse

Kezzera 2024-10-19 09:53 p.m.

Look, I'll make it easy

Kezzera 2024-10-19 09:53 p.m.

YOur client just needs to say they're present the moment I tag them

polyrabies 2024-10-19 09:53 p.m.

I understand on the surface level it may seem like that. However, there are personal circumstances relating to his absence.

Kezzera 2024-10-19 09:53 p.m.

I'll run with that

andysofun 2024-10-19 09:53 p.m.

The defendant won't even do anything during the trial

polyrabies 2024-10-19 09:53 p.m.

The bottom line here is.

andysofun 2024-10-19 09:53 p.m.

The defense hasn't admitted him as a witness in discovery

polyrabies 2024-10-19 09:53 p.m.

My client isn't available

polyrabies 2024-10-19 09:54 p.m.

simple as that, he's indicated this

andysofun 2024-10-19 09:54 p.m.

Your honor, the defendant isn't available by choice

andysofun 2024-10-19 09:54 p.m.

Because he believes war thunder is more important than this

polyrabies 2024-10-19 09:54 p.m.

Not true...

andysofun 2024-10-19 09:54 p.m.

that's his choice

polyrabies 2024-10-19 09:54 p.m.

He has an irl obligation

polyrabies 2024-10-19 09:54 p.m.

mandating his presence outside of this court room

Kezzera 2024-10-19 09:54 p.m.

What is this 'irl' obligation that prohibits him from tuning into a Discord channel?

Kezzera 2024-10-19 09:55 p.m.

He's playing a game, on his computer, where this can be accessed

polyrabies 2024-10-19 09:55 p.m.

I would ask him but, i'd hate to pry into his personal life

polyrabies 2024-10-19 09:55 p.m.

He's indicated to me he's not available

polyrabies 2024-10-19 09:55 p.m.

And cannot be present right now

Kezzera 2024-10-19 09:55 p.m.

I'd hate to as well but i'd like a vague indication as to what it is!

Kezzera 2024-10-19 09:55 p.m.

Even as simple as "I'm going to help my mother with some chores" would work

andysofun 2024-10-19 09:55 p.m.

If this is allowed, every defendant may as well claim a vague IRL obligation and escape trial forever

Kezzera 2024-10-19 09:55 p.m.

"Warthunder" is not a reason

polyrabies 2024-10-19 09:55 p.m.

He's playing an irl game with friends

andysofun 2024-10-19 09:56 p.m.

I may as well go around killing people in game and know I'll escape prosecution because I can indefinitely delay my trial

andysofun

If this is allowed, every defendant may as well claim a vague IRL obligation and escape trial forever

Kezzera 2024-10-19 09:56 p.m.

Boz has appeared so this is no longer possible

polyrabies

He's playing an irl game with friends

Kezzera 2024-10-19 09:56 p.m.

Poly, I cannot accept this

Boz 2024-10-19 09:56 p.m.

E sports

Boz 2024-10-19 09:56 p.m.

sorry I have to lock in

Boz 2024-10-19 09:56 p.m.

we're losing

polyrabies 2024-10-19 09:56 p.m.

He has an irl obligation to meet, I understand it's not optimal for the court but his real life supersedes roblox requirements.

Kezzera 2024-10-19 09:57 p.m.

I'm not buying it, unless he's a title E-Sports player

Kezzera 2024-10-19 09:57 p.m.

If we're really going that route

Kezzera 2024-10-19 09:57 p.m.

Fair game if so

Kezzera 2024-10-19 09:57 p.m.

I would just make it very simple, in 16 minutes, Boz just responds with "present" when I tag him

Kezzera 2024-10-19 09:57 p.m.

then we can just proceed

Kezzera 2024-10-19 09:57 p.m.

At the bare minimum he's made himself known, and we can proceed

polyrabies 2024-10-19 09:58 p.m.

I will ask if he'll be present

polyrabies 2024-10-19 09:58 p.m.

within 16 mins

Kezzera 2024-10-19 09:58 p.m.

Thank you

polyrabies 2024-10-19 09:58 p.m.

Alright he'll be able to

polyrabies 2024-10-19 09:58 p.m.

state he's present

polyrabies 2024-10-19 09:58 p.m.

in 16 mins.

Kezzera 2024-10-19 09:59 p.m.

Thank you

Kezzera 2024-10-19 09:59 p.m.

I'll set a timer

Kezzera 2024-10-19 10:00 p.m.

@andysofun

@polyrabies

I will start this at Saturday, October 19, 2024 at 10:15 p.m.

Kezzera 2024-10-19 10:00 p.m.

I expect witnesses present by then as well, or their availability

polyrabies 2024-10-19 10:02 p.m.

for the record, my client will not be actively present at the trial. once he's indicated his "presence" he'll be back to his irl obligation

Kezzera 2024-10-19 10:03 p.m.

Fine

Kezzera 2024-10-19 10:03 p.m.

He should be advised continously >>if required<<(edited)

polyrabies 2024-10-19 10:04 p.m.

Alright, I'm just making the court aware although he will notify his presence he will not actually be attentive or watching the trial as he has irl requirements which means he must fixate himself upon an IRL esports game.

Kezzera 2024-10-19 10:04 p.m.

I was seriously unaware your client was a titular competitve Esports player

andysofun 2024-10-19 10:05 p.m.

Looks like one of my witnesses might be unavailable

andysofun 2024-10-19 10:05 p.m.

But at least one is so we're fine

polyrabies 2024-10-19 10:05 p.m.

Which one?

andysofun 2024-10-19 10:05 p.m.

parkrangerbilly

andysofun 2024-10-19 10:05 p.m.

We might not be able to do closings

Kezzera 2024-10-19 10:06 p.m.

I don't expect this to conclude today

Kezzera 2024-10-19 10:06 p.m.

so this will not be an issue

Kezzera 2024-10-19 10:06 p.m.

if it is somehow, I will end it where it is reasonable and recovene on the 26th

polyrabies 2024-10-19 10:07 p.m.

@andysofun

how long are u expecting mattcerns questioning to take

polyrabies

@andysofun how long are u expecting mattcerns questioning to take

andysofun 2024-10-19 10:12 p.m.

shouldn't take too long

andysofun 2024-10-19 10:14 p.m.

like at most 15 minutes

Kezzera 2024-10-19 10:15 p.m.

@andysofun

@polyrabies

Good evening springfield

andysofun 2024-10-19 10:16 p.m.

good evening your honor

polyrabies 2024-10-19 10:16 p.m.

Good evening

Kezzera 2024-10-19 10:16 p.m.

We're live on Albert's Court Docket bringing you live to a fresh hot new case

Kezzera 2024-10-19 10:16 p.m.

We're presently gathered here for the trial in the matter of State v Weimerican_Boz, performed REMOTELY on DISCORD(edited)

Kezzera 2024-10-19 10:17 p.m.

On four counts:
Count 1 1 M.S.C. § 1307 Evasion
Count 2 1 M.S.C. § 3204 Hit and Run
Count 3 2 M.S.C. § 1212 Reckless Driving
Count 4 2 M.S.C. § 1215 Excessive Speeding

Kezzera 2024-10-19 10:18 p.m.

I am aware Mr. Boz has pleaded not guilty

Kezzera 2024-10-19 10:18 p.m.

and before we proceed, I'll confirm Mr. Boz's presence

Kezzera 2024-10-19 10:18 p.m.

@Boz

Kezzera 2024-10-19 10:18 p.m.

Please indicate your presence with a simple response, either 'present' or something to that effect

Boz 2024-10-19 10:18 p.m.

Hello I am Present

Kezzera 2024-10-19 10:19 p.m.

Thank you

Kezzera 2024-10-19 10:19 p.m.

I have confirmed Mr. Boz's presence before this Court and this is reflected on the record

Kezzera 2024-10-19 10:19 p.m.

Can I confirm the name and credentials for the state's prosecutor @andysofun

andysofun 2024-10-19 10:20 p.m.

My name is andysofun and I'm a senior state attorney who's bar certified

Kezzera 2024-10-19 10:20 p.m.

in the form: "[name], [role] for the state, your honor" or to that effect

Kezzera 2024-10-19 10:20 p.m.

Thank you

Kezzera 2024-10-19 10:20 p.m.

For the defendant @polyrabies

polyrabies 2024-10-19 10:20 p.m.

My name is Polyrabies I'm a BAR Certified Attorney.

Kezzera 2024-10-19 10:20 p.m.

Thank you

Kezzera 2024-10-19 10:21 p.m.

Can we confirm both counsels are ready to proceed with the trial then?

Kezzera 2024-10-19 10:21 p.m.

@polyrabies

@andysofun

andysofun 2024-10-19 10:21 p.m.

Yes your honor

polyrabies 2024-10-19 10:21 p.m.

Yes your honor

Kezzera 2024-10-19 10:21 p.m.

I will confirm no outstanding motions are present

Kezzera 2024-10-19 10:21 p.m.

and we may proceed

Kezzera 2024-10-19 10:22 p.m.

I will also remind counsellors here that I will issue a separate leave order, in respect of the pre-trial proceedings taking longer than anticipated

Kezzera 2024-10-19 10:22 p.m.

I'll enable counsels to begin addressing the court with its opening statements

Kezzera 2024-10-19 10:23 p.m.

@andysofun

Mr. Andy, state